The organization of cultural and festive events often involves commissioning or using creative works, such as posters, illustrations, or graphic designs. These creations are protected by copyright law. intellectual propertywhich requires having the author's authorization for its use.
A ruling issued by a commercial court has reminded that the substantial reproduction of a work without permission, even if formal variations are introduced, can constitute plagiarism and generate economic liability for the user.
Facts of the case
The dispute arises after it was discovered that the promotional poster for the Carnivals of the Don Benito City Council (Badajoz) had allegedly been plagiarized, or at least inspired by, the one designed by Torres Franquis for the same festivities, but nine years earlier (2016) and for the town of Santa Cruz de Tenerife for which he was paid 1.630 euros.
The similarity affected the main element of the design: a "mahi" fish represented by a characteristic graphic style that had become a visual symbol of the original event.
The poster used by the town in Extremadura maintained the same central motif, simply modifying colors, adding some decorative background elements and replacing the typography.
After sending several communications without receiving a response, the creator filed a lawsuit requesting:
- the acknowledgment of the infringement of their copyright
- the removal and destruction of all copies, both in physical and online format
- compensation for the damages suffered
Criteria applied by the court
Minor changes do not preclude plagiarism
The judge considered that the modifications introduced by the city council lacked sufficient creative substance to generate a new work.
Despite these modifications, the essential features of the original design remained: the same main element, a matching graphic configuration, and a substantially identical structure. The resemblance was therefore recognizable and relevant from a legal standpoint.
Based on this, the ruling considers that the unauthorized use of the poster constitutes a violation of copyright under the Intellectual Property Law. Furthermore, it also finds an infringement of moral rights, specifically the right to the integrity of the work and the right to recognition of authorship.
Ownership of rights
The Don Benito City Council argued that ownership of the rights belonged to the Santa Cruz de Tenerife City Council, as it had originally commissioned the poster. The judge rejected this argument, noting that the commission did not confer full ownership of the exploitation rights. Thus, the author remained the original rights holder, while the city council only held a right of use under the agreed terms, without the power to freely dispose of the work.
Compensation and measures taken
The ruling set a total compensation of 6.500 euros, differentiating between two concepts:
- Property damage: 500 euros, equivalent to the amount that the author would foreseeably have received had he authorized the use.
- Moral damages: 000 euros, taking into account the public dissemination of the poster, its institutional use and the professional career of the creator.
Furthermore, it was agreed:
- the immediate cessation of use
- the removal and destruction of physical copies
- the removal of digital publications
- the publication of the resolution in local and regional media
- the imposition of costs ex officio.
practical implications
This case highlights that the concept of "inspiration" has clear legal limits in matters of intellectual property. When a new creation reproduces the essential and recognizable elements of a previous work, even if it incorporates minor or decorative changes, it cannot be considered independent.
Simply modifying colors, fonts, or minor details does not alter this conclusion if the essential identity of the design is maintained. In such cases, using the work without authorization constitutes unauthorized exploitation and, therefore, a violation of copyright.
The analyzed resolution confirms this criterion by finding plagiarism despite the variations introduced and by recognizing both the patrimonial and moral damage derived from the institutional use of the poster.
Proper management of intellectual property rights and respect for authorship are essential elements to prevent unauthorized use of creative works and the resulting economic and legal liabilities arising from their improper exploitation.
Elzaburu advises on the protection, defense and litigation of copyright and other intangible assets, with permanently updated knowledge of the applicable regulations and jurisprudence.
Carlos MoranPartner lawyer specializing in litigation industrial and intellectual property and unfair competition in Elzaburu.
